Area of Law: Workers' Compensation
Answer Number: 638
Can you get your job back after an injury?Region: Ontario Answer Number: 638
When you are capable of returning to work, employers are responsible for giving you your pre-injury job back, or one that is similar. If you are not able to do your pre-injury work, but can perform some work, your employer must offer you the first available job that is suited to your skills and physical ability. An employer who violates an employee’s return to work rights is subject to substantial penalties.
Work Reintegration is a collaborative effort among you, your employer, the Workplace Safety and Insurance Board (WSIB), and your health care professionals to help you get back to work. The goal of Work Reintegration is to help injured workers return to safe and sustainable jobs, or find new ones, and provide employers more support to retain and re-train their injured employees. Through this process, the WSIB has direct oversight of those who are providing training and education services to injured workers.
If your employer does not offer you suitable work, or you are no longer able to do your pre-injury job, the WSIB may stop your benefits unless you try to find other employment. The WSIB will assist you in finding work by providing you with a skills and abilities assessment. If you are found to be capable of returning to the same or similar work, but cannot get your job back, a worker transition plan will be put in place to help you to find a new job. The plan usually sets a deadline when you will stop receiving benefits and may also require you to attend training courses.
If you have been given a plan to find new work, or assessed as being capable of returning to work and do not agree with the assessment or the plan, you can appeal the decision.
For assistance with getting your job back after you have been on benefits, you can contact your decision-maker at the Workplace Safety and Insurance Board.
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